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Rebuffing G.O.P., 2 Judges Bar Challengers at Polls in Ohio

In a double blow to the Republicans on the final day of campaigning in the presidential race, two federal judges today barred challengers representing any political party from polling places in Ohio during Tuesday's election.

United States District Judge Susan J. Dlott in Cincinnati, who was appointed by President Bill Clinton, found that the application of Ohio's statute allowing challengers at polling places was unconstitutional and that allowing any challengers other than election judges and other electors into the polling place would place "an undue burden upon voters" and impede their right to vote.

In a similar case, United States District Judge John R. Adams of Akron, who was appointed by the current President Bush, said poll workers should be the ones who determine if voters are eligible.

The rulings apply to all Ohio's 88 counties, a spokesman for Secretary of State J. Kenneth Blackwell, Carlo LoParo, told The Associated Press. Republicans promptly filed an appealed with the United States Court of Appeals for the Sixth Circuit, which includes all of Ohio.

With the rulings, the two district-level judges made clear that they did not want partisan ballot challengers inside polling places, and that they believed that the disruption that such challenges would create outweighed any potential voting fraud, which Republicans have cited as the reason for the challengers.

Republican Party officials say the watchdog effort is necessary to guard against fraud arising from aggressive moves by the Democrats to register tens of thousands of new voters in Ohio, seen as one of the most pivotal battlegrounds in the presidential election.

The judges' findings were issued as President Bush and Senator John Kerry planned a last sweep for votes. Mr. Bush was traveling to Ohio, Pennsylvania, Wisconsin, Iowa and New Mexico, planning to end his day late in Dallas. Mr. Kerry, after an early morning appearance in Florida, was headed off to Wisconsin, Michigan and Ohio.

Before the two contenders left on the last stages of their campaign, Judge Adams said in his finding: "In light of these extraordinary circumstances, the contentious nature of the imminent election, the court cannot and must not turn a blind eye to the substantial likelihood that significant harm will result not only to voters, but also to the voting process itself, if appointed challengers are permitted at the polls.''

Republican Party officials in Ohio took formal steps on Oct. 22 to place thousands of recruits inside polling places on Election Day to challenge the qualifications of voters they suspect are not eligible to cast ballots.

But an African-American couple from Cincinnati, who took the case before Judge Dlott, said the Republicans were deploying challengers in largely black precincts in Hamilton County in an effort to intimidate and block black voters.

Judge Dlott said that the evidence did not indicate that the presence of additional challengers "would serve Ohio's interest in preventing voter fraud better than would the system of election judges.''

Democrats said the Republicans were trying to keep the poor and minorities, who move more often, from voting.

Ohio election officials said last week that they had never seen so large a drive to prepare for Election Day challenges.

They said they were scrambling to be ready for disruptions in the voting process as well as alarm and complaints among voters. Some officials said they worried that the challenges could discourage or even frighten others waiting to vote.